Tenant suing for a new TV, has this happened to you??

[Sungam]

Hi All,

I was hoping that someone could offer me their views, experience, insight and opinions on a tenant issue that I am having a the moment.

Here goes....

two weeks ago I get a phone call from my property manager stating that

1. Tenant is willing to sign an other lease for 6 months at the current rent (they had been trying to get a $75.00 reduction)
2. The tenant wants me to buy a New Plasma Screen TV!

Apparently the property lost power and the Tenant rang Energex to inspect. The energex guys said that there was a loose wire in the Switchboard that had caused some "arcing", resulting in power loss. According to the tenant his plasma screen TV has stopped working and he now wants $1800.00 from me to buy another...

My property manager (speaking to the Tenant) said "no way", get your insurance to cover it. From the conversation that ensued we believe that he doesnt have any...

My Electrician went out there as soon as he could get entry (Tenant had changed phone numbers without notifying anyone). My electrican said that any number of things could have caused the arcing and any number of things could have blown up his plasma. He did report that my tenant had muliptle computers and printers plugged in, lots of double adapters and switchboards and NO surge protectors, he said that the extra drain on the power supply from these multiple devices could have caused the arcing...

Anyway he fixed the problem he said it was a blown circuit that caused the arcing, no mention of any loose wires...

The Tenant has since rung my electrician to try and get a letter from him saying that the house is "electrically unsafe", which he has refused to do.

The Tenant is adamant on taking me to small claims to get money for a new tv.

Alright, so

1. Do you think I am laible? (as soon as we were notified it was fixed), everyone I has spoken to, including energex dont seem to think so, my electrician told me "If he was my tenant I would tell him to get F@cked, he should have had a surge protector"

2.going on from point 1. is there a chance that he could get a ruling in his favour in court?, has anyone had a similiar experience?


Also, My PM rang today and said that the Tenant told my electrician that he was going to report "all the defects" on my house and then hold me in breach!

His rent is due tomorrow..... he consistently late...

thanks

 

[Lofty]

Hi Sungam

I would instruct my Property Manager (PM) to remove this tenant as soon as legally possible.

I'd also ask your electrician to write down the details of his conversations with your tenant. If you can't get this, diarise your conversations with your electrician.

Then go back to your PM and ask him to pass on to your tenant that any claim against you will be met with a claim that he is a vexatious claimant, as evidenced by his conversations with your electrician. It's all bluff but it's probably worth letting this tenant know that you won't be a push over.

Cheers, Paul

 

[Sunfish]

I had a "loose wire" in my switch board which blew both air-con control boards and every radio in the house.

S+*t really does happen. Seek more qualified/impartial advice than you will get here.

 

[skater]

Another "poor" tenant attempting to get something they are not entitled to from the "rich" landlord.

Seriously, I would be giving that particular tenant a miss. I would not be paying them any compensation either. There is contents insurance for that sort of thing. It's not your fault they don't have it.

 

[Ridin-High]

lol i read 75 rent reduction and new tv that was all i needed.

boot em, if they sue or don't pay rent tell insurance company.

just say see u in court

 

[jezza]

Sungam

1. He wants a $75 rent reduction
2. He is threatening to take you to court
3. He is late with rent payment

Why are you even letting this guy have any discussion, tell him to find another place and to take his crappy tele with him, make sure your insurance is up to date, find someone else to move in and let him worry about the small claims tribunal.

Jezza

 

[Lil Skater]

According to the tenant his plasma screen TV has stopped working and he now wants $1800.00 from me to buy another...

My property manager said "no way", get your insurance to cover it. From the conversation that ensued we believe that he doesnt have any...

1. Do you think I am liable?

Did you say sure you'll buy him a new TV with a $50 p/w rent increase?

In all seriousness though, you're PM is stupid. Your insurance doesn't need to cover it, it's contents since when did LL pay for tenants contents? It's his problem.

No, you're not liable. Kick them out and stop even thinking about negotiating with the idiot. Wipe your hands, it's not your problem.

Another "poor" tenant attempting to get something they are not entitled to from the "rich" landlord.

Yep!

1. He wants a $75 rent reduction
2. He is threatening to take you to court
3. He is late with rent payment

Why are you even letting this guy have any discussion, tell him to find another place and to take his crappy tele with him, make sure your insurance is up to date, find someone else to move in and let him worry about the small claims tribunal.

Yep. There's no way it's your problem by any stretch of the imagination. I'm guessing the TV was stuffed in the first place or he just wants a new one at your expense.

 

[RumpledElf]

I provided a cheap satellite set-top box with my house.

There was a major electrical storm and it got fried.

It was too cheap to claim on my insurance (it is mine - I have $5000 or so of contents cover on the landlord's insurance to cover boring stuff like freestanding kitchen benches)

I should get around to replacing it sometime but I'm financially challenged this week ...

Totally different situation to you of course, since it was something *I* provided.

Fusion cover with home insurance is a wonderful thing. Your tenant should have contents insurance NOT you because you did NOT supply the TV. If they had their own insurance with fusion cover (which it sounds like they should have, with all those computers and adapters) it could have been replaced by now with no pain. What if it was a lightning strike that caused the TV to fry - would he still come after you?

 

[Terryw]

Did he suffer damage, and was this damage caused by the landlord? And can he prove it?

Imagine having a $1800 TV, but still renting.

 

[AlmostBob]

nothing noway, new tenant

 

[mary&mat]

Agree with all comments! Especially Lofty....I'd get my electrician to write a quick statement of what he attended to, that the arc could've been caused by any number of things & that he witnessed lots of electrical equipment plugged in everywhere with no surge protectors...just in case you need 'evidence'.

He probably knows it's his fault & is angry with himself & looking for a quick fix to his problem. Such is todays' society & the 'sue' mentality of 'it can't be my fault, who else can I hold liable?'

Stick to your guns, don't pay for the telly & maybe he'll back down when he knows you're not a pushover.

Good luck!

 

[ozmale42]

Imagine having a $1800 TV, but still renting.

What's the issue with that?

 

[Terryw]

Its almost a deposit on a house!

 

[ozmale42]

Its almost a deposit on a house!

Where, in Mozambique? I thought 20% was the minimal acceptable deposit these days

 

[Aaron Sice]

i do hope you're not re-signing them....?

i'd be giving them one of these.

http://theuglytruth.files.wordpress.com/2009/11/middle_finger1.jpg

 

[wobbycarly]

Imagine having a $1800 TV, but still renting.

What's the issue with that?

Its almost a deposit on a house!

Don't mean to hijack, but this is an interesting sideline.

I fully understand Terryw's reaction, because I used to have that attitude - "Why would you rent?!?" And this individual renter aside, it has, funnily enough, taken me a long time to come to the realisation that some people choose to rent.

I had a colleague who was renting. A sales guys, and earning reasonable commissions. BUT, he lived in about 5 different locations (Sydney, Melbourne, Geelong) in the 10 years I knew him. And for a lot of that time he was travelling during the week and partying on the weekend, so was really only renting a place to keep his stuff and occasionally sleep.

And he was instead investing in shares and now has (had? ) a sizable portfolio. Now that he's engaged and looking to "settle down", he's bought a place, but it would have made NO sense (financial or lifestyle) whatsoever for him to have purchased a PPOR during that 10 year period.

Sorry to derail - maybe I should have started a new thread.

 

[jaycee]

Quote:
Originally Posted by Sungam View Post
According to the tenant his plasma screen TV has stopped working and he now wants $1800.00 from me to buy another...

Did you say sure you'll buy him a new TV with a $50 p/w rent increase?

In all seriousness though, you're PM is stupid. Your insurance doesn't need to cover it, it's contents since when did LL pay for tenants contents? It's his problem.

No, you're not liable. Kick them out and stop even thinking about negotiating with the idiot. Wipe your hands, it's not your problem.

lil skater, the PM told the tenant to claiim on their own insurance - i.e. contents insurance, no tthe landloard's Landlord Insurance.

 

[Lil Skater]

lil skater, the PM told the tenant to claiim on their own insurance - i.e. contents insurance, no tthe landloard's Landlord Insurance.

No, PM told the LL to claim on LL insurance to be a quick fix and replace the TV.

 

[jaycee]

OK.

You obviously know more than I do. I just read this:

Apparently the property lost power and the Tenant rang Energex to inspect. The energex guys said that there was a loose wire in the Switchboard that had caused some "arcing", resulting in power loss. According to the tenant his plasma screen TV has stopped working and he now wants $1800.00 from me to buy another...

My property manager said "no way", get your insurance to cover it. From the conversation that ensued we believe that he doesnt have any...

And figured that the tenat started a converstaoin wtiht the PM.
So the PM would have been answering the tenat.

Maybe you know more than I do

 

[Perp]

I'm with jaycee, Lil; the PM was telling the tenant to claim it on their insurance. Landlords' insurance doesn't cover the belongings of the tenant, so there's no way for it to be a valid claim.